Historical Overview 12
Introductory report 26
PARTIE1 APPLICABLE LAW: WHAT NEW STRATEGIES FOR TODAY’S WORLD? 50
The territoriality principle and intellectual property 50
What law should govern intellectual property contracts ? 72
Which Law Should Apply to Infringements ? 92
The law applicable to a contract: is one needed and which one? 124
Practical considerations and the choice of the law applicable to a contract: why choose French law? 140
Intellectual property contracts: why choose English law? 146
PARTIE2 NEW LITIGATION STRATEGIES 158
Who Should Rule on Intellectual Property Infringements ? 158
Exclusivity of the Court of the Title 180
Procedural conflicts 198
Strategies for international patent litigation 228
The enforcement of French Judgments Abroad and Foreign Judgments in France 250
Another perspective: A Comparative Study of the Principles of the American Law Institute and the Max Planck Institute on Private International Law and Intellectual Property 270
Concluding remarks 304
Appendix 337
Index 359
Table of contents 364